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If one is ill on Pesach and unable to maintain a stringent position they followed in the past (such as consuming large portions of Matzah, Marror and the four cups of wine) and now wishes to rely on the more lenient opinion that allows smaller measurements, must they be matir neder (annul the vow)?

Shulchan Aruch (YD 214:1) writes that if one followed a stringent position one time with the intention of continuing the practice (such as fasting between Rosh Hashanah and Yom Kippur), it is treated as a vow and the practice must be maintained. This is so, even though he did not make a verbal commitment. Poskim also say that if one practiced a stringency three times, it is considered a neder even if he did not have the intention to continue the practice every year (see Kitzur Shulchan Aruch 67:7). If one later finds themselves unable to continue this stringency, he must go before a Beis Din of three men and annul the vow. The Dagul Meirivava (YD 214) differentiates between one who is in need of a temporary dispensation and one who is permanently unable to continue this practice. In the case of a temporary illness, the Dagul Meirivava writes that there is no need to be matir neder. However, if one’s medical condition is such that from now on they will be unable to maintain their former stringency, they must be matir neder. However, the Shach (214:2) does not appear to subscribe to this distinction. Rav Shlomo Zalman Auerbach, zt”l recommends that in all cases one should be matir neder. However, if one was not matir neder, even if they have a chronic condition, they may rely on the Mesiras Moda’ah (public pronouncement) that one makes erev Rosh Hashanah stating that he does not want stringent practices to be treated as vows (see Minchas Shlomo I:91:20). Additionally, Igros Moshe (YD I:127:9) writes that a positive action which is a hidur mitzvah (an extra beautification of a mitzvah) beyond the letter of the law does not have the status of a neder, and hataras nedarim would not be required.





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